- (1.) This appeal is directed against judgment and decree dated 28.03.2011 passed by District Judge, Merta, District Nagaur, whereby, the appeal filed by the appellant against judgment and decree dated 25.11.2006 passed by Civil Judge (Senior Division), Merta has been dismissed upholding the decree passed by the trial court in favour of the plaintiffs.
(2.) The facts in brief may be noticed thus : the plaintiffs Ashu Singh and Narayan Singh filed a suit for permanent injunction against the appellants with the averments that in the Abadi area of village Panchdoliya Khurd plaintiffs have a old Bara, which is in their continuous peaceful possession and is being utilized by them for dairy purposes; it was claimed that for the purpose of constructing a wall around the said Bara, which was being utilized by them for over 50 years, when they started digging a underground water tank, the defendants obstructed the same and threatened dispossession and, therefore, defendants be restrained from interfereing in plaintiffs possession.
(3.) A written statement was filed by the defendants disputing the claim made by the plaintiffs; it was stated that the Bara did not belong to the plaintiffs and they have no right on the said land; it was claimed that the land was part of Khasra No.28, which was in their possession, cultivation and Khatedari; the right to utilize the Bara and to raise construction was disputed. The trial court framed three issues and after evidence was led by the parties, it came to the conclusion that the defendants had failed to produce/prove any document relating to Khasra No.28 and held that the plaintiffs were in possession of the suit property and that the land was not part of Khasra No.28. Ultimately, it decreed the suit filed by the plaintiffs and restrained the defendants from interfering in their possession and/or evicting them from the suit property.;